S.K.JHA, J.

1. In this application under Arts. 226 and 227 of the Constitution of India - now for all practical purposes Art. 226 only - the petitioner, Ranchi Club Limited, is a public limited company incorporated under the Indian Companies Act with its registered Office at Ranchi. The relief prayed for is the issuance of an appropriate writ quashing the order dated 31-5-1976 passed by the Vice-Chairman of Ranchi Regional Development Authority (hereinafter to be called the Development Authority), respondent No. 2. By the impugned order, respondent No. 2 has cancelled the sanction accorded to the petitioner by the Controlling Authority for the construction of a building under the Bihar Town Planning and Improvement Trust Act, 1951 (Act 35 of 1951), hereinafter to be referred to as the Town Planning Act, read with the Bihar Restriction of Uses of Lands Act, 1948 (Bihar Act 23 of 1948) to be called, for the sake the brevity, the Restriction Act. A copy of the impugned order has been marked Annexure-4 to the application.

2. While the writ application was pending hearing, an application for amendment of the same was filed under S. 151 of the Civil P. C. By this amendment application certain amendments of formal nature have been sought for, especially on account of the passage of the Constitution (42nd Amendment) Act, during the pendency of the writ application. By the proposed amendment two paragraphs, namely, paras. 18-A and 23, which had been prayed to be added in the original writ application, are as follows :-

"18-A - The said order of the respondent No. 2 cannot be challenged in accordance with the remedy and procedure provided under the Ordinance inasmuch as the Appellate forum, namely, a Tribunal conceived under S. 53 (2) of the said Ordinance has not been set up and constituted. The petitioner however made a representation before the respondent State for the exercise of their discretionary power and duties under S. 64 of the Ordinance. A true copy of the said representation is hereto annexed marked Annexure-5 hereof. The said representation was sent by Regd. Post on 22nd of July 75 (76?) to the Minister in charge Local Self Government, State of Bihar and a copy thereof was presented personally as well by the Secretary of the Club. However the State Government in their turn have omitted and neglected to pass any orders thereon."

"23. - That the said order of cancellation made by the respondent made Annexure-4 hereof with respect of the construction in progress has the effect of halting the completion of the buildings and keeping them in doldrums and impairing the contemplated use thereof for the purpose for which they were intended to be erected. The surface of the soil as also the structures standing thereon now stand of no use and the said order vitally affects the enjoyment, user and disposal of the property and is in the eye of law an infringement of the fundamental right of the petitioner to hold and enjoy the property - under pretence of the regulation of its enjoyment and virtually the said order is an act of ravage, devastation and spoliation of the petitioners property at the instance of the said respondent in mala fide exercise of his powers and in abuse of the rule of law."

This application for amendment having been moved and pressed at the hearing of the writ application, not having been seriously objected to and being formal in nature is allowed and paras 18-A and 23 as extracted above shall now be treated as part of the writ application.

3. In short, the case of the petitioner may be stated as follows. One of the principal objects, for which the petitioner company has been formed, is to provide a club house and other convenience to its members and also to provide them sufficient recreation and bring near to them all amenities available in the market in the club campus. A vast area of land in the club campus was lying unused and therefore, to utilise the said open space the petitioner applied on 27th Ju